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(영문) 광주지방법원 2021.01.21 2020노2621
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The Defendant committed the instant crime during the period of suspension of the execution of imprisonment, even though the Defendant was sentenced to a suspended sentence for the same kind of crime, and the Defendant did not cooperate in the investigation in a long time, is disadvantageous to the Defendant.

On the other hand, the fact that the victim does not want the punishment of the defendant, and some crimes are responsible for the expansion of damage to the victim, etc. are favorable to the defendant.

In addition, in full view of all the sentencing conditions as shown in the pleadings, such as the Defendant’s age, sex, family environment, motive and background of the crime, and circumstances after the crime, the Defendant’s assertion is not acceptable on the grounds that the lower court’s punishment is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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